KUALA LUMPUR: Judicial independence must remain paramount to uphold and administer justice without fear or favour, said Prime Minister Datuk Seri Anwar Ibrahim.
Anwar, while reiterating his support for judicial independence, said the matter was a fundamental part of the Federal Constitution.
He said any abuse or violation of judicial independence must never occur.
"The lessons of history must not be forgotten. In the past, we have witnessed how this sacrosanct principle was violated by those in power, in collusion with the highest judicial offices, perverting the course of justice to serve nefarious and vile political ends.
"Let me firmly declare that enough is enough. That era is over and gone, and we will never allow such abuses and violations to happen again," he said in his keynote address at the opening ceremony of the 37th Law Association for Asia and the Pacific (LAWASIA) Conference here today.
Present were the Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said and Chief Justice Tun Tengku Maimun Tuan Mat.
Anwar said Malaysia's legal frameworks must evolve to address the unprecedented advancements in technology that are influencing every aspect of life.
"As we embrace the digital age, it is essential that we balance the winds of change with the wisdom of experience.
"You will agree that in the 'experience department', I have had my fair share of being subjected to 'the insolence of office', the 'law's delay', and gross abuse of power.
"These machinations have sent me from the halls of power to the labyrinths of incarceration.
"Hence, judicial and legal reforms must also evolve as the nation progresses with changing times to ensure continued development and progress.
"We should not be held captive by the views and demands of the elite, nor should they yield to the influence of pressure groups serving the interests of the rich and powerful."
He added that legal fraternities played a critical role in this evolution, working with policymakers and stakeholders to design frameworks that encouraged innovation while safeguarding justice and equity.
"This changing landscape requires us to rethink whether our laws are adequate to protect privacy, security and public trust, and more importantly, whether judicial decisions can serve the nation's interests in the long run."
Meanwhile, Anwar said Malaysia's laws must be flexible yet robust, capable of safeguarding individual rights while promoting creativity and innovation.
He added that there must also be a balance between private rights, and public and societal interests.
He said a legal system that was too rigid, or a judgment made without due consideration of public policy repercussions, would stifle progress and risk eroding public trust, causing injustice.
"By way of comparison, in other jurisdictions such as syariah law, the doctrine of 'istihsan', or equity, allows for juristic discretion when it serves the course of justice.
"In making this call, I do not suggest that we allow chaos and uncertainty to rule, but rather that striking the right balance is essential to ensuring that our judicial and legal system remains dynamic and robust."